Dismissed

United Church of Northern Trust Association and Anr. v. Balbir Kaur and Ors.

Punjab & Haryana HC1 Mar 2013CR/1371/2013

Case brief

AI extract

What is this about?

This single-paragraph oral judgment dismisses a revision petition challenging the refusal to amend a written statement in a specific performance suit. The court held that allowing the amendment to claim forgery would impermissibly allow the defendant to withdraw an admission made in its original defense, causing prejudice to the plaintiff.

What did the court decide?

No relief granted; revision petition dismissed.

United Church of Northern Trust Association… — Specific Performance | Punjab & Haryana HC (2013)

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CR No. 1371 of 2013

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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

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CR No. 1371 of 2013 Date of decision March 1, 2013

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United Church of Northeran India and another

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....... Petitioner

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Versus

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Smt. Balbir Kaur and others

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........ Respondents

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CORAM:

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HON'BLE MR. JUSTICE K. KANNAN

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Present:Mr. Sanjay Jain, Advocate for the petitioner.

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Whether reporters of local papers may be allowed to see the judgment ?

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To be referred to the reporters or not? 3. Whether the judgment should be reported in the digest?

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K. Kannan, J (oral).

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The revision is against the order dismissing the application for amendment of the written statement filed already by the defendant. The suit is for specific performance on an agreement of sale dated 12.12.2006. The plaintiff has claimed that the total consideration mentioned was 20 lacs out of which 15 lacs had been paid evidenced by a receipt dated 2.2.2007. The plaintiff would contend that the sale deed was to be executed by 6.3.2007 and the suit has been filed on a plea that he had been ready and willing to perform his part of the contract but the defendant had

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CR No. 1371 of 2013

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evaded. Adverting to the plea raised in the plaint that the plaintiff has paid `15 lacs for which defendant issued a receipt the plea in defence reads as follows:-

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“In reply to sub para vii of the plaint, it is submitted that no copy of the receipt(s) has been supplied. As such, these are denied. Even otherwise, the payment received has been forfeited as the plaintiffs failed to fulfill their commitments.”

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The application is now sought to be filed for amendment of the written statement to contend that the receipt filed on by the plaintiff is forged. It is a privilege of the defendant to take inconsistent pleas but if the defendant has previously contended that the payment made by the plaintiff has been forfeited, the contention made that the receipt itself is forgery would amount to allowing the defendant to withdraw an admission which he has already made. This shall be impermissible and the plaintiff will be very seriously prejudiced by such amendment. Learned counsel refers me to a judgment of this Court in Gautam Sarup Vs. Anand Sarup and others 2007 (4) CCC 424 where the Court was considering the issue of admission made erroneously or under mistaken belief or misrepresentation and they could be permitted to be explained by an amendment and as a disputed question of fact it would be decided in the trial. I have not been shown any such averment in the application that he was under a mistake or subjected to any misrepresentation to make an admission that the amount paid was forfeited.

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The revision petition was correctly dismissed

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CR No. 1371 of 2013

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and there is no scope for interference in revision.

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The revision is dismissed.

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(K. KANNAN) JUDGE

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March 1 , 2013 archana

United Church of Northern Trust Association and Anr. v. Balbir Kaur and Ors.

Case brief

What is this about?

What did the court decide?

United Church of Northern Trust Association and Anr. v. Balbir Kaur and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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